R.Anbarasan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-02-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4527 of 2018 R.Anbarasan ... Petitioner Vs 1.The District Collector, Thanjavur District, Thanjavur.

2.The Principal Secretary to Government, Commissioner of Revenue Administration and Disaster Management, 'Ezhilagam', Chennai-600 005.

3.The Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to pass orders on the proposal sent by the first respondent in his Na.Ka.No.5867/2017/a5 dated 23.9.2017 to the second respondent for relaxation of Rules 7(b) and 8(a) of the Tamil Nadu Revenue Subordinate Service, in order to enable the petitioner to be promoted as Tahsildar by including his name in the panel of the Tahsildar.

For Petitioner : Mr.K.Venkata Ramani, Senior Counsel for Mr.M.Muthappan.

For Respondents: Mr.D.Suriya Narayanan, Additional Government Pleader.

O R D E R

The learned Senior Counsel, appearing on behalf of the writ petitioner, made a submission that though a larger relief is sought for by the writ petitioner in the present writ petition, it is suffice if a direction is issued to consider the proposal submitted by the first respondent to the second respondent in proceedings dated 23.9.2017. In view of the said submission, the present writ petition deserves to be considered.

2. The grievance of the writ petitioner is that he is eligible for promotion to the post of Tahsildar and he is not served in norms post as per the Rules. Thus, the case of the writ petitioner was recommended by the first respondent for grant of relaxation of Rules and the same is yet to be considered.

3. In this view of the matter, the second respondent is directed to consider the proposal submitted by the first respondent to the second respondent in proceedings dated 23.9.2017 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the representation and the proposal and all other relevant documents, if any, along with the order passed in this writ petition.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Svn To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Principal Secretary to Government, Commissioner of Revenue Administration and Disaster Management, 'Ezhilagam', Chennai-600 005.

3.The Secretary to Government, Revenue Department, Fort St. George, Chennai-600 009.

+1cc to Mr.M.Muthappan, Advocate Sr.11030 W.P.No.4527 of 2018 kji[co] srg 27/02/2019